Opinions April 12, 2012

Related News and Opinion

7th Circuit Court of AppealsUnited
States of America v. Jaymie T. Mount
11-2616
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Jane E. Magnus-Stinson.
Criminal. Remands for resentencing after the District Court denied the government’s motion for Mount to receive an
additional one-level reduction following his guilty plea, citing Mount’s flight from charges. The additional reduction
is mandatory once the government determines that the criteria spelled out in U.S.S.G. Section 3E1.1(b) are satisfied and it
makes the necessary motion.

United
States of America v. Anthony Raupp
11-2215
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Tanya Walton Pratt.
Criminal. Amends original opinion issued March 9, 2012, in which majority affirmed 100-month sentence and determination Raupp
is a career offender. Judge Diane Wood dissents.

Indiana Court of AppealsJohn Morse, M.D. v. Jeffrey Wayne Davis
84A05-1103-CT-140
Civil tort. Affirms judgment against Dr. Morse following a jury trial on Davis’ complaint alleging medical malpractice
for failure to diagnose Davis’ colon cancer. The trial court did not abuse its discretion when it excluded from evidence
at trial certain expert testimony, a medical record and the testimony of a treating physician and nurse.

Jarrad
L. Mastin v. State of Indiana
18A02-1109-CR-890
Criminal. Affirms convictions of and sentences for one count of Class A felony child molesting and two counts of Class B
felony child molesting. Mastin did not demonstrate that the trial court’s evidentiary rulings denied him a fair trial.
There is sufficient evidence from which the jury could conclude he committed child molesting by sexual intercourse.

D.H.
v. State of Indiana (NFP)
49A04-1110-JV-533
Juvenile. Affirms adjudication for committing what would be Class C felony intimidation and two acts that would have been
Class B misdemeanor possession of a knife on school property, if committed by an adult.

Jason
Haste and Jamie R. Haste v. State of Indiana (NFP)
20A05-1107-CR-364
Criminal. Affirms the Hastes’ convictions of and sentences for maintaining a common nuisance and possession of marijuana
as Class D felonies, but vacates their convictions of Class A misdemeanor possession of marijuana due to double jeopardy violations.